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How Long Do You Have To File a Wrongful Death Claim in Colorado?Posted on April 13, 2026inWrongful DeathLosing someone because of another person's negligence is devastating. Accidental deaths are more common than many families realize. TheCDCreported 197,449 unintentional injury deaths in the United States in 2024 alone. Behind every one of those deaths is a family facing the same difficult question: What are my rights, and how much time do I have? Those families are often also dealing with mounting bills, lost income, and an uncertain future.Colorado law gives surviving family members the right to pursue awrongful death claim, but that right comes with a strict deadline. If you are thinking about filing a claim in 2026, understanding the time limits now could protect your family's ability to recover compensation. An experienced Fort Collins, CO personal injuryattorneycan help you act before it is too late.What Is the Statute of Limitations for a Wrongful Death Claim in Colorado?Colorado gives families two years from the date of death to file a wrongful death lawsuit. UnderC.R.S. § 13-80-102, once that window closes, a court will almost certainly refuse to hear the case, no matter how strong the evidence is. This deadline also runs separately from any criminal case. If there are both civil and criminal charges filed against the liable party, waiting on a prosecutor's outcome can cost you your right to sue entirely, even if the criminal case results in a conviction.Who Can File a Wrongful Death Claim in Colorado, and When?Colorado's wrongful death law, found atC.R.S. § 13-21-201, determines not just the deadline but also who may file and when.In the first year after the death, the surviving spouse usually has the first right to file under C.R.S. § 13-21-201. The spouse can also choose in writing to let the heirs join the case or bring it. If there is no surviving spouse, the heirs or a designated beneficiary may be able to file.In the second year, the spouse, the heirs, or both may bring the claim underC.R.S. § 13-21-203, depending on the family situation. Because Colorado’s rules are specific, it is important to confirm who has the right to file before the deadline passes. This two-tiered structure is unique to Colorado and often catches families off guard. An attorney can help you figure out exactly where your family stands under this framework.Are There Any Exceptions That Can Extend the Deadline To File a Wrongful Death Claim in Colorado?In most cases, Colorado gives families two years to file a wrongful death lawsuit. There are some exceptions, but they are limited. For example, the deadline can extend to four years in certain cases involving a fatal crash where the at-fault driver also left the scene. Medical negligence cases can also follow different timing rules under a separate law.If the person who died was a child, the timing and who can file may be different depending on the situation. Courts look closely at the facts before allowing any change to the standard deadline.Also, if your claim may involve a city, county, or state agency, you may have to give formal notice within 182 days of discovering the injury. Missing that shorter deadline can block your case, even if the two-year limit has not passed.Because these rules are strict, it is important to have a lawyer review your case as soon as possible.Why Is it Important to Take Legal Action Quickly After a Wrongful Death in Colorado?Building a strong claim takes longer than most families expect. Evidence disappears fast. Surveillance footage gets overwritten. Witnesses forget details. Accident reconstruction experts need to examine vehicles and road conditions while the evidence is still intact.Starting early also gives your attorney time to identify every liable party. In truck accident deaths, responsibility can extend to the trucking company, a manufacturer, or a cargo loader. It can even reach a government entity if a dangerous road condition contributed to the crash. The more parties involved, the more complex the case becomes, and the more time your attorney needs to build it properly. Missing one responsible party can significantly reduce what your family recovers.Contact a Larimer County, CO Wrongful Death Attorney for a Free ConsultationFamilies dealing with a wrongful death deserve guidance from someone who knows Colorado law and genuinely cares about the outcome. Attorney Hoggatt is a member of the Colorado Trial Lawyers Association and is committed to helping Colorado families navigate some of the most difficult moments of their lives. Hoggatt Law Office, P.C. offers free consultations, so there is no cost to find out whether your family has a claim and how much time remains to act. Call970-225-2190today to speak with aFort Collins, CO personal injury lawyerwho will listen and help you understand your options.Se habla español.
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Can You Reopen a Workers' Compensation Claim in Colorado?Posted on April 29, 2026inWorkers' CompensationAworkers' compensationclaim does not always stay closed once it is settled, and if your condition worsens after your case is resolved, Colorado law may allow you to reopen it. Knowing when you can reopen your claim and how to act can make a real difference in your recovery. A Fort Collins, CO workers' compensationattorneycan help you understand your rights and determine whether reopening your claim makes sense.What Does It Mean To Close a Workers' Compensation Claim in Colorado?A Colorado workers' compensation claim can be closed for a few reasons, but it often means you have reached maximum medical improvement, or MMI. MMI is the point at which your doctor believes your condition has stabilized and further medical treatment is unlikely to improve it. Once you reach MMI, your benefits are often resolved through a final admission, settlement, or order.A settlement can take two forms. An admitted liability settlement resolves your benefits while keeping the door open for future medical treatment in some cases. A full and final settlement permanently closes all claims in exchange for a lump-sum payment. The type of settlement you agreed to will determine whether reopening your case is even an option.When Can You Reopen a Closed Workers' Compensation Claim in Colorado?Colorado law does allow workers to reopen a closed claim under certain conditions. UnderC.R.S. § 8-43-303, you may petition to reopen your claim if your condition has worsened since it was closed, if you made a mistake about the terms of the settlement, or if there is evidence of fraud or mutual mistake in how the claim was resolved.The most common reason workers seek to reopen a claim is a worsening medical condition. If the injury you suffered on the job becomes more serious over time due to complications, a new diagnosis, or a decline in your ability to function, you may have grounds to reopen.There are some important limits. You generally cannot reopen a claim if you signed a full and final settlement. That type of agreement is designed to be permanent. If your settlement was not full and final, however, reopening may still be possible.How Long Do You Have To Request To Reopen a Colorado Workers' Comp Claim?In most cases, you must ask to reopen the claim within six years of the injury, or within two years of the date the last benefits became due and payable, whichever is longer. If you only need more medical care, you may have two years from the date the last medical benefits became due and payable.If you miss these deadlines, you may permanently lose your right to seek additional benefits. Do not wait and hope things improve on their own. If your condition is getting worse, speak with a workers' compensation lawyer as soon as possible.What Benefits Can You Recover if Your Colorado Workers' Comp Claim Is Reopened?If you successfully reopen your claim in 2026, you may be able to recover additional benefits depending on the nature of your worsened condition. These can include:Additional medical treatment and care related to your original injuryTemporary disability payments if you are unable to work during recoveryPermanent disability benefits if your condition has worsened beyond what was originally assessedPossible job-related or return-to-work issues, depending on the facts of your case and what the insurer agrees to provideThe specific benefits available will depend on your original settlement terms, the nature of your injury, and the evidence supporting your request. An experienced attorney can help you build a strong case and identify all the compensation you may be entitled to.Contact a Larimer County, CO Workers' Compensation Attorney for a Free ConsultationIf your condition has worsened since your workers’ comp claim was closed, you may have more options than you think. At Hoggatt Law Office, P.C., ourFort Collins, CO workers' compensation lawyersare ready to review your case and help you decide whether reopening your claim is the right move. Attorney Hoggatt is a member of the Colorado Trial Lawyers Association and the Workers' Compensation Education Association. He can help you understand the possibility of reopening as it applies to your case. Call970-225-2190today to schedule your free consultation.Se habla español.
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